Such note of issue to be filed with the clerk four days before the day on which the cause shall be so entered.

The special calendar will be called on the second and last Friday of each trial term, in part No. 1, for trials, by the justice there presiding, and the causes may be tried in either part as may be directed by such justice.

If the trial of the cause shall occupy more than one hour, the trial may be suspended at the discretion of the court, and the cause be placed at the foot of the general trial calendar.

RULE 20. Regulations as to the calendars.-Causes may be generally reserved by a written consent of the attorneys, filed at any time before the case is on the day calendar. Cases so reserved may afterwards be placed upon the day calendar, on the application of either party to the judge at chambers, provided two days' previous notice of such application be given to the adverse party.

All causes marked "Off for the Term," shall have priority at the succeeding term, and will be placed in their order at the head of the calendar therefor.

Causes passed, or run down, will be placed upon the calendar for the succeeding term, as of the date of issue when thus passed or run down.

No ex parte order for the substitution of attorney for either party will be granted unless upon the consent in writing, signed by the party and his attorney, duly acknowledged or proven by affidavit.

COURT OF COMMON PLEAS

FOR THE CITY AND COUNTY OF NEW YORK.

RULES ADOPTED DECEMBER, 1863.

Regulation of Calendar-Short causes.

1. The general calendars for the trial of jury cases, and cases to be tried by the court without a jury, for the year 1863, having been called through, will be re-numbered for 1864; and those cases only in which the law relative to stenographers shall have been complied with, on or before the 24th instant, will be continued on the calendars. Notes of issue in new cases not on the present general calendar must be filed on or before the 24th instant.

2. Causes may be generally reserved by a written consent of the attorneys, filed at any time before the case is on the day calendar. Cases so reserved may afterwards be placed upon the day calendar, on the application of either party to the judge at chambers, provided two days' previous notice of such application be given to the adverse party.

3. All causes marked " Off for the term," shall have priority at the succeeding term, and will be placed at the head of the calendar therefor.

4. Fifteen cases will be placed on each day calendar, and no calendar will be made for Saturdays.

5. At the general terms, in appeal cases arising in this court, the parties may, by consent, reserve the argument until the second week in term, when all so reserved will be called in their order on the calendar. But in appeals from the marine and justices' courts no such reservation will be allowed, and counsel therein must be prepared for the argument when the appeal is reached in its order.

6. In any action on contract, where there is reason to believe that the defence is interposed for delay, and that the trial will not occupy more than one hour, the plaintiff may, upon a notice of four days, apply at chambers to have the cause placed upon the special calendar for short cases, and which will be made up for the last Friday in each trial term.

The notice must be accompanied by the affidavits (if any) upon which the motion will be founded.

If the motion be granted, the order to that effect shall forthwith be delivered to the clerk, with a written notice specifying the number of the cause on the general calendar.

Should the trial occupy more than one hour, it may be suspended, in the discretion of the judge holding the court, and the cause will thereupon be placed at the foot of the general calendar, unless otherwise specially ordered.

RULE ADOPTED MARCH 22, 1851.

Review of Questions of Practice, &c.

For the purpose of regulating the review of questions of practice decided by a single judge, the court adopts the following rule:

Upon the decision of motions made before a single judge at chambers or at special term, in cases in which no appeal is allowed by section three hundred and forty-nine of the Code, the judge may, if he deem the question of such importance and doubt as to render a review by the general term proper, give a certificate thereof; and the party desiring such review shall, within six days after the decision of such motion, procure such certificate, and serve a copy thereof, with a notice of hearing for the next general term for which the same can be noticed; and thereupon such motion shall be brought on and submitted for review, on written points, to be shown to the opposite counsel, and then handed to the court.

Such certificate shall not operate as a stay of proceedings, unless such stay of proceedings be expressly ordered.

RULE ADOPTED MAY 2, 1857.

Appeals from orders to be submitted on certified copies of the papers.

Ordered, That appeals to the general term from orders made in motions at special terms and chambers be submitted upon certified copies of the papers used on the motion, instead of the original papers.

RULE ADOPTED SEPTEMBER 28, 1857.

Argument of appeals from Marine and District Courts.

Appeals from the marine and district courts shall hereafter, and until further order of this court, be heard orally at the general term appointed for the submission thereof.

The parties will be confined on the argument to a brief statement of the facts and points involved, and the authorities relied on, unless the court shall otherwise direct.

Assignee's bond for benefit of creditors.

Ordered, That the bond required to be given by an assignee, under the act of April 13, 1860, respecting voluntary assignments for the benefit of creditors, must specify the place of residence of each surety named therein,

At the time of presenting it for approval, it must be accompanied by an affidavit showing the nominal value, and also the actual value of the property assigned; and no bond will be hereafter approved until these requirements are complied with.

Bonds, &c., to be legibly written.

Ordered, That the clerk of this court be directed to place no bond or undertaking on file in his office unless the same is legibly written, and all interlineations, alterations, or erasures therein are duly noted as having been made before execution thereof.

INDEX

TO THE

CODE AND COURT RULES.

The reference is to the page.

A.

ABATE, when action not to, 58.

ABSCONDING DEBTORS, attachment against property of, 94.
ABSENCE FROM STATE, effect of, on time of limitation, 52.
ABSENT DEBTORS. See Non-resident.
ACCOUNT, how stated in pleadings, 74.

verified copy of, to be delivered, 74.

further, may be ordered, 74.

in justices' courts either party may be required to exhibit, 40.
pleading founded on, 39.

reference to take, after judgment on issue of law, 114.

for information of court, or to carry a judgment into effect, 114.
by county treasurer, 218.

by guardians, 173.

See Bill of particulars, Current account, Long account.
ACCOUNTABILITY of guardian, 173.

ACKNOWLEDGMENT OF DEBT, when it must be in writing, 54.
of undertakings, when necessary, 197.

ACT (Code), division of, 15.

when to take effect, 198.

to what to relate, 15.

construction of, 187.

certain parts apply to justices' courts, 35, 42.

ACTION defined, 14, 43.

provisions of Revised Statutes applicable to proceedings in, not repealed, 188.

abatement of, 58.

order for discontinuance, 235.

discontinuing in justice's court, 37.

after discontinuance in justice's court, 37.

on judgment, 44.

on undertaking, when not allowed, 145.

against foreign corporation, 175.

by attorney-general to vacate charter of corporation, &c., 176.

when deemed commenced, 52.

when deemed pending for certain purposes, 63.

how commenced, 61.

can only be commenced within the period prescribed, 45.